Gift of property-mentioned in will.....
raokn
(Querist) 04 November 2016
This query is : Resolved
DearSirs,
My father wrote a Will (unregistered) settling some properties.
One property went to my mother after his demise.
Out of that property as per my father's Will one portion comes to me after my mother's demise.
Recently my mother executed and registered Her Will as a matter of prudence, with the same distribution of the properties as envisaged and desired by my father in his unregistered Will.
Now my Question Is:
Can now My mother Gift to Me (by a registered gift deed ) that portion of property identified to pass to me as by my father in his Will (and by my Mother in her registered Will) ?
My mother is willing to gift my porttion to me NOW by proper registerd Gift Deed,if it is possible to do so ,despite her registered Will;as anyway the Will will come into effect only after her demise.
Kumar Doab
(Expert) 04 November 2016
" as per my father's Will one portion comes to me after my mother's demise."
The Last wish of the testator in WILL is supreme.
raokn
(Querist) 04 November 2016
Sir, Thank you for the reply.But am I to understnd that even if my mother willfully wants to gift the portion falling to her to make a gift?as she was given absolute powers to do what she wants to do during her life time???
As my father's wish was for her to do what she wants during herlife time,and only after her demise the property passes,provided nothing else was done during her life time?
Rajendra K Goyal
(Expert) 04 November 2016
It may be possible / seems your father has not bequeathed property to your mother giving her absolute ownership.
He may have authorized your mother to use it during life time and after her it would go to you. Language of will need to be referred whether she can sell / gift it in her life time? If yes, she can gift it to you now, if she can not sell, she can not gift it to you.
Show the document to local lawyer and get opinion.
Unregistered will is equally valid and legally enforceable.
Kumar Doab
(Expert) 04 November 2016
You have posted:
---In your post "One property went to my mother after his demise.
Out of that property as per my father's Will one portion comes to me after my mother's demise.'
---In your second post "As my father's wish was for her to do what she wants during herlife time,and only after her demise the property passes,provided nothing else was done during her life time?"
The statement is different.
The previous response was as per your 1st post.
You may show the WILL to a very able counsel at your location for a considered opinion.
raokn
(Querist) 19 November 2016
Sirs,
Now in continuation of my earlier question,please clarrify the following:
1. If the Gift can be made by my mother t me and registered, Is it necessary for my mother to cancel her already registered Will where this property was included or simply leave it as it is as there are another 2-3 clauses of property in the same Will,apart from the proerty in question.
Kumar Doab
(Expert) 19 November 2016
You have posted that:
"as it is as there are another 2-3 clauses of property in the same Will,apart from the proerty in question."
That is why it was suggested that you may show the WILL of your father a very able counsel at your location for a considered opinion on language and conditions of the WILL.
As per limited information and understanding of the limited extract of your father's WILL, posted by you, the property remains with your mother till she is alive.
Rajendra K Goyal
(Expert) 19 November 2016
Gift can be made if she is absolute owner of property as per will of your father.
Will of mother can be left as such or Mother can again bequeath a new will.
Kumar Doab
(Expert) 19 November 2016
Dear Mr. Goyal,
The author has posted that his mother has already registered her WILL.....as a matter of prudence.
Agreed with you that WILL of father was sufficient and mother of WILL can be left as such.
It is registered WILL and may not be set aside on the counts of authenticity.
If the WILL of father has been acted upon without any cloud then probably the matter stands settled.
If father's WILL is under cloud and has not been acted upon then it is to be confirmed by author.
In any case, mother has already registered her WILL.
Now the author has added in his last post that:
""as it is as there are another 2-3 clauses of property in the same Will,apart from the proerty in question."'
Either the author may post full facts or show the WILL to his able counsel.
raokn
(Querist) 24 November 2016
Thank you all sirs,for the feed back.Will revert to a local counsel before taking any decision.
Kumar Doab
(Expert) 24 November 2016
You have decided wisely to show all docs and facts on record to a LOCAL COUNSEL for a considered opinion.
Kumar Doab
(Expert) 24 November 2016
You are welcome.
